Weitz & Luxenberg attorney David Green is hailing an appellate court decision as a successful example of “fighting for the little guy” against a big corporation. In this case, the 1.6-million-member American Automobile Association (AAA) of New York,[1] versus a “little guy” who was severely injured when a car rolled off of a AAA flatbed truck while a AAA employee was attempting to load the car onto the flatbed with a winch.

Because of the ruling, Mr. Green says his client could see his personal injury case against the auto club resolved significantly earlier than expected.

AAA Blames Victim/Device for Injuries

Weitz & Luxenberg’s client (the plaintiff), was severely injured when the car rolled down the flatbed, pinning his leg against a parking meter.

Mr. Green, and senior trial attorney Nicholas Wise, represent the plaintiff in his lawsuit against AAA and its tow truck operator. In a strategic effort to expedite and facilitate the case for their client, Mr. Green and Mr. Wise asked the Supreme Court to decide the issue of liability through a motion for summary judgment, rather than waiting several years for a full blown trial where AAA would likely try to blame the plaintiff for his own injuries.

As expected, AAA failed to take responsibility for its actions, arguing that the plaintiff and the manufacturer of the tow truck’s winch – not the auto club and its tow truck operator – were to blame for the injuries. The Supreme Court judge denied the motion, and the case was destined for a full trial to determine who was at fault.

W&L Pushes Back, Winning Judgment for Victim

“At Weitz & Luxenberg, we have the resources, ability, and drive to fight to the end for our clients,” said Mr. Green. “We do not give up when we believe we are right. We do whatever is necessary to fight for our clients, who are real people with real problems.”

Mr. Green appealed on behalf of his client, and the Appellate Division, 1st Department, sided with him, stating that “the evidence showed that AAA’s inadequate training of [the operator] and his operation of the winch were the proximate causes of the accident.” [2]

The court also said AAA failed to show any proof of a faulty design of the winch, and even pointed out that the operator “was not properly trained on the winch or provided with a copy of the winch’s operating manual.” [3]

Mr. Green, who drafted and argued the appeal, was successful on all counts. He and Mr. Wise are now preparing for a damages trial to determine the full amount the plaintiff should be awarded for his injuries due to the negligence of AAA and its tow truck operator.

Seeking Justice for Severe Injuries

“This is a fantastic decision for our severely injured client, who now can go straight to a damages trial, with the liability against AAA,” Mr. Green said. “It speeds up his potential recovery, and removes much of the uncertainty of a trial.”

Mr. Green joined Weitz & Luxenberg in 2016 as part of the firm’s Personal Injury and Malpractice unit. These attorneys handle cases where people have been hurt in the course of their jobs, accidents, medical malpractice or suffered other serious injuries. Motor vehicle accidents like this case are among the leading causes of personal injury in the U.S.